Common Law in Southern Africa: Conflict of Laws and Torts Precedents

By Peter B. Kutner | Go to book overview

3
RECOGNITION OF
FOREIGN MONEY
JUDGMENTS

JURISDICTION OF FOREIGN COURT

The approach taken to recognition of foreign money judgments in modern Southern African cases is similar to the approach found in common law countries. The critical requirement of recognition is that the foreign court have had jurisdiction to render the judgment concerned. As held in De Naamloze Vennootschap Alintex v. Von Gerlach,1 this means not jurisdiction under the law of the state from which the judgment originated but jurisdiction under the principles of Private International Law in the state where recognition is sought. In that case, the judgment debtor conceded that the onus lay on him to establish that the judgment was unenforceable, but in later cases it was held that the party seeking to enforce the judgment had the onus of showing that the foreign court had jurisdiction.2

In De Naamloze Vennootschap Alintex v. Von Gerlach, a judgment had been given in the Netherlands in favour of a company registered there. The defendant had not appeared in the foreign court, had not submitted to its jurisdiction, and had never been in the Netherlands. The cause of action (for breach of contract) arose elsewhere. The court decided that the judgment was unenforceable. It considered the grounds on which a foreign court would be regarded as having jurisdiction over the judgment debtor but did not reach a

____________________
1
1958 ( 1) S.A. 13 (T).
2
Coluflandres Ltd. v. Scandia Industrial Products Ltd., 1969 ( 2) R.L.R. 431 (G.D.), 1969 ( 3) S.A. 551 (R), appeal refused, 1969 ( 2) R.L.R. 413 (G.D.); Reiss Engineering Co. Ltd. v. Insamcor (Pty.) Ltd., 1983 ( 1) S.A. 1033 (W).

-41-

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Common Law in Southern Africa: Conflict of Laws and Torts Precedents
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • Introduction 1
  • I - Southern African Precedents for the Conflict of Laws 9
  • 1 - Domicile 11
  • 2 - Jurisdiction 31
  • 3 - Recognition of Foreign Money Judgments 41
  • 4 - Choice of Law 61
  • 5 - Family Law 111
  • II - Southern African Precedents for the Law of Torts 155
  • 6 - Negligence 157
  • 7 - Defences and Apportionment of Damages 181
  • 8 - Vicarious Liability 209
  • 9 - Assessment of Damages 229
  • 10 - Nuisance and Trespass to Land 251
  • 11 - Misrepresentation 255
  • 12 - Economic Loss 267
  • 13 - Passing Off 283
  • 14 - Unlawful Competition 297
  • 15 - Defamation 307
  • 16 - Privacy 341
  • Bibliographic Note 347
  • Principal Works Cited and Abbreviations 349
  • Table of Statutes 353
  • Table of Cases 355
  • Conflict of Laws Index 365
  • Torts Index 369
  • About the Author 373
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